(See Below for Case Law, Evidence of Public Attitudes, NGOs that Assist or Advocate on LGBTI issues, and Country of Origin LGBTI Specialists)
Penal Code of 13 August 1980-
Section 2- Offenses against Good Morals:
Article 88 – Impudent acts or crimes against nature with an individual of the same sex will be punished with three years imprisonment and a fine of 100,000-500,000 francs” (Unofficial translation)
The Togolese Constitution has non-discrimination provisions:
Section 2 Art. 6- “All Togolese people are equal under the law without distinction of sex, origin, race, language, beliefs or opinions.” (Unofficial translation)
Togo is party to the ICCPR since signing the Treaty on March 24, 1984, and therefore all of the non-discrimination articles within the treaty in addition to the one within its own constitution would suggest that the criminalization of homosexuality in Togo is unconstitutional by its own laws.
No published cases have been found. Would be grateful if users of this website are able to refer us to any that they know of which involved LGBTI cases from Togo.
PUBLIC ATTITUDES AND/OR STATE’S CAPACITY TO PROTECT
LGBTI Togolese people are more vulnerable to rape and extortion by consensual partners. They can be victims of blackmail, and as a result often feel compelled to keep quiet about crimes committed against them. They become marginalized and stigmatized by family, friends and communities. Their situation is worsened by the fact that many people do not even believe that homosexuality exists. Therefore LGBTI people must maintain a high level of secrecy, so it is difficult to ascertain exactly how large the LGBTI population is in Togo. According to Togo LGBT Shadow Report, the sexuality of LGBTI people limits their access to protection from police, and various personal or professional support networks that help victims cope with threats.
Local organizations have spent the past five years trying to provide better information about HIV/AIDS transmission and prevention which has improved quality of live for many LGBTI Togolese. When the organization Population Services International (PSI) first arrived in Togo, 80% of men who had sex with men (MSM) did not use condoms because they believed that they were at equal or less risk of transmitting HIV than general population. It was a common belief that HIV was only transmitted through sleeping with women. Despite the improved access to health information, more than 1 in 3 MSM tested positive for HIV. Although these organizations have extensively aided the LGBTI community in Togo, the government has failed to provide enough antiretroviral (ARV) medication, which leads the organizations to question where all of the government’s funding is going if not to the community most at risk.
On October 6, 2011 the Working Group on the UPR recommended that Togo decriminalize homosexuality. Togo rejected this recommendation on the grounds that the topic was too controversial for an already fragile nation and that argued that it would be ‘counter-productive’ due to the way homosexuality was perceived in Togo. (ILGA)
NON-GOVERNMENTAL ORGANIZATIONS (NGOs)
*We have contacted these organizations but we have not yet received responses from any of them.
Espoir Vie Togo (EVT)
3047 bretelle de Klikamé, quartier Agbalépédogan, BP 14 543 Lomé, Togo
Tél: + 228 251 46 56
Prevention and care and treatment towards MSM or other minority sexual Organization of PLHIV (persons contaminated and affected including ORPHANS) and of persons hired in the conflict against the AIDS, EVT intends to work with the national and international partners to assure the universal access to prevention, care, treatments and supports of PLHIV and those were attained by recurrent infections or by chronic pathologies.
Population Services International/Togo (PSI/Togo)
PSI/Togo Immeuble Auba, 1er étage, BP 13804, Lome, Togo
Tel: +228 2 22 27 57, +228 2 22 77 67
Fax: +228 2 22 46 24
PSI/Togo began operations in 1996 to promote Protector Plus male condoms to help curb the spread of HIV. Key messages in mass media and peer education encourage consistent condom use, fidelity and HIV testing. PSI/Togo’s health interventions now also include malaria, reproductive health and water-borne diseases.
RAS + Togo – Réseau des Associations de Personnes Vivant Avec le VIH au Togo
05 BP: 286, Lome 05, Togo
Tel: +228 220 91 59
Fax:+228 220 91 53
COUNTRY OF ORIGIN SPECIALISTS
We have no specialist on LGBTI for Togo, but would welcome suggestions.
Researched by: Rhiannon Archer